Leasing your home because you have not been able to sell it at a price that is suitable for you may be an option.
Leasing, or renting a home, is not without its own set of problems, but in some situations it is ideal. Legal experts on mortgage law will advise that your mortgage may or may not permit you to lease your home. If you are really fussy, and you should be, you can contact your lender and ask them if it is permissible to lease out your home as long as you meet the mortgage obligation on time each month. Many feel that as long as the payments, taxes, insurance and fees are paid ON TIME each month, they don’t care what you do. So that is consideration #1, you are responsible to pay the mortgage payment and keep up the taxes and insurance on the property regardless of any rental income. But if you can’t sell, need to move and want to pay the mortgage but can’t support two house payments, leasing one out may be the answer for you.
Your tenant, on the other hand, has no responsibility for these items. Their only responsibility is to pay you the rent or lease payment that is due to you each month and to maintain the property under the conditions set out at the begining of the lease period. So, for the owner there is risk.
Why Would A Home Owner/Seller Want to Lease to Someone Else?
Usually it is because they:
- Want to/have to move and can’t sell
- A divorce and/or separation makes it not possible to maintain the payment and the homeowner does not want to ruin their credit and can’t sell.
- The mortgage is more than the house is worth and the seller/owner does not want to lose the home to foreclosure or short-sale.
Probably there are a dozen or more different reasons why someone would want to do a lease.
What Are The Main Differences Between a Lease and A Lease With Option to Buy.
A lease is for a definite period of time. Commercial leases, for example, are typically for 3 to 5 years or longer. It is a legal and binding contract, in effect, to pay a specific amount over a period of time in total.
Residential Leases are generally for a period of at least one year but can be shorter or longer. If the lease were for $1200.00 per month, the contract would be for 12×1200.00 or $14,000. A legal contract, if written properly according to strict legal state mandated requirements, the lease would be enforceable in a court of law for collection if the lessee did not pay up. Again, consult a legal opinion before writing or accepting a lease agreement as the one that you will use. Laws vary from jurisdiction to jurisdiction.
Lease With Option to Buy
The Lease with an Option to Purchase is actually two (2) different agreements. One is for a lease as briefly discussed, and one is for an “Option to Purchase” at a later date for a certain amount of money. When the Terms for the Option Agreement or Option to Purchase agreement are agreed upon, then that option to purchase becomes that buyers “lock” on buying the property at a later time. Again, there is a deposit, usually non refundable, given by the potential buyer to the potential seller. That option money may or may not be included as part of the purchase of the property. The same with the rent during the lease period. Depending on the negotiation at the begining and if any portion of rents will be a credit towards a purchase or downpayment. This begins to get into the world of creative financing and will really depend on the end price agreed to and the financial considerations by both lessee and lessor.
Why Would Someone Want To Lease Instead of Just Getting A Mortgage?
With respect to the person seeking to get into a property to live in, they probably have a problem. It could be a second marriage and there are credit issues to get repaired. It could be that the potential buyer has been through foreclosure or had a bankruptcy and needs time to get repaired to requalify as a borrower.
The seller/owner always should seek competent Real Estate Legal help and consult with a mortgage and real estate professional or their bank when it comes to reviewing credit reports if they are not sure. Another thing is to call all of the references and drive by the home that their potential lessee has lived in. One bold owner/lessor went to talk to the neighbors and asked if these folks lived there and were there any problems. Public records at the police department can be checked out to see if there were disturbances at the previous address and how many times did they have to go there.
Once you are satisfied, you probably have a good risk and you may want to go forward.
How Does Your Debt To Income Ratio Change?
The simple answer is that the mortgage debt under some scenarios becomes “transparent”. What I mean is that there is a “balance”. Yes you have a mortgage debt and yes there is a contract for income that covers that debt. Depending on how you have handled your credit, and what your current income shows, you probably will qualify for a mortgage on another personal residence. As you can see, this can be a complex issue. If you are risk adverse, this may not be a good solution for you. But if you are careful and make good business decisions, it may be a life saver for your situation.
If you have comments or questions, you can contact billpark@parkplaces.com for more direction on who you might want to talk with in your area.
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